Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have read the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(one) of your Illegal Dispossession Act 2005 to hand over possession of your subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided via the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this component for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
The plenty of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it can be made very clear that police is free to take action against any person that is indulged in criminal activities topic to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-subject duties in the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion includes a go to your higher position with increased responsibilities and rank. Upgradation, over the other hand, presents financial relief by positioning an employee inside a higher pay scale, without modifying their task duties or position. It is a mechanism designed to address the stagnation of employees who have remained within the same shell out scale for a protracted time, particularly when they absence alternatives for promotion. Upgradation is a policy tool used to alleviate the hardship of long-term stagnation. Read more
Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has long been attained, therefore the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in help with the Supreme Court, guaranteeing the enforcement of its judgments. Given that the Supreme Court could be the final arbitrator of all cases where the decision continues to be arrived at, the decision from the Supreme Court needs to be taken care of as directed in terms of Article 187(2) on the Constitution. Read more
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is really a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; In case the parents in the boy or girl don't approve of such inter-caste or interreligious marriage the maximum they might do if they will Minimize off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anybody who offers this kind of threats or harasses or commits acts of violence both himself or at his instigation, is taken to activity by instituting criminal proceedings with the police against such persons and further stern action is taken against these person(s) as provided by law.
Only the written opinions of the Supreme Court and also the Court of Appeals are routinely offered. Decisions of the decreased (trial) courts usually are not generally published or dispersed.
This Court may perhaps interfere where the authority held the proceedings against get more info the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. In case the conclusion or finding is for instance no reasonable person would have ever achieved, the Court might interfere with the conclusion or even the finding and mould the relief to really make it acceptable on the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. To the aforesaid proposition, we are fortified because of the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This page contains slip opinions. Slip opinions are classified as the opinions that are filed about the day that the appellate court issues its decision and tend to be not the court's final opinion.
Summaries of cases that form the lives of young individuals, guaranteeing a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for becoming entitled to be deemed for promotion to the higher quality, of course, will not be without logic because the officer who is initially inducted into a particular post needs to serve to the stated post to gain experience to hold the next higher post and also to serve the public in a befitting manner.
Criminal cases In the common legislation tradition, courts decide the law applicable to the case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Unlike most civil legislation systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions dependable with the previous decisions of higher courts.